Hearsay Evidence - Admissibility

Hearsay Evidence - Admissibility

Definition of Hearsay

• A statement that is not made in oral evidence is admissible of evidence only if its a statement not given by the witness testifying in court, and its to prove the matter stated (E.g police man report)

Section 114(1) CJA 2003

Hearsay is admissible only if:

• (A): Any statutory provisions make it
• (B): Section 118 makes it admissible
• (C): All parties to proceedings agree to it being admissible
• (D) Court is satisfied that is in the interest of natural justice for it to be admissible

S116 (2) (C) - Outside UK not reasonably practible to secure attendance

Section 116(1) CJA 2003

VP - Marketing

Hearsay is admissible if:

• (A) Oral evidence by person who makes the statement is admissible
• (B) Person who made the statement is indentified to courts satisfaction
• (C) Any of the 5 conditions are met in subsection 2 is satisfied

Pre 2003 Act

Castillo:

Whether a party took reasonable steps to secure attendance depend on:

A) Importance of evidence

B) Expense and inconvenience of securing evidence

C) Weight of reasons for non attendance

Mayers

• The language of section 116 (B) states that the witness's identity is to be known

Riat

Ford

• Absence abroad does not satisfy the condition in section 116 (2)(C), only if it is reasonably practicable to bring the witness to court either in person or video link

• Unknown witness to shooting wanted to remain anonymous but handed offices the registration number
• Held anonymous hearsay evidence can not be admitted under present statutory. Can only be admissible under 2008 act.

S116 (2) (D) - Witness can't be found

Section 116 (2) - 5 conditions

...and have took reasonable steps.

Name

Adams

• (A) Relevant person is dead
• (B) Relevant person is unfit to be a witness
• (C) Relevant person is outside the UK and no reasonably practicable to secure attendance
• (D) Relevant person can not be found with taking reasonble steps
• (E) Through fear relevant person does not give or continue to give oral evidence.

• Prosecution telephoned the witness 2 months before trial and left a message the day before the trial. Leaving contact till day before it not good enough
• It was admitted under Section 114.

DT

Section 116 (2)(A) - dead

• If they die this prevents non prosecution as witness dies weakening the prosecutions case

• Important that all efforts are made to the witness to courtnd informing them of their duty and offering them support.
• Need to be a written statement of facts to steps to locate the witness, however they was not clearly stated in this case.

S116 (2)(B) - Unfit

Section 116 (2) (E)

Name

• E.g an amnesiac who may be brought to court is pointless

McEwan v DPP

• (3) fear is to be widely contrued and includes fear of death or injury to another or financial loss.
• (4) Leave may be given under 2E only if court considers that the statement ought to be admitted in interests of justice having regard to:
• Statements content
• Any risk or exclusion that it will result in unfairness to party in proceedings

• Evidence indicating that a medical condition will be made worse by stress and not indicating that the witness is not unfit will not be enough

Meredith

H

• Dr statement that it would be in the witness's best interest to sub,it a written testimony is not adequate evidence that the witness was unfit to attend

• V made statement 2 months before trial stating his fear and intention to move and not testify
• No evidence whether he was still in fear, they assumed he was and it was held that fear has to be judged at the time when giving oral evidence